Motor accidents bulletin - April 2020

Keep upto date with COVID-19 developments

The State Insurance Regulatory Authority (SIRA) understands that the COVID-19 pandemic has created an exceptional set of circumstances having a significant impact on injured people, providers, insurers and employers operating in the Compulsory Third Party (CTP) scheme.

SIRA are continuing to engage regularly with all CTP insurers regarding their business continuity plans and any changes to their operations to support their employees and ensure continuation of services by insurers and health providers to the NSW community and CTP customers.

For the latest information on SIRA’s response to COVID-19, please read the recent SIRA bulletin and our update below on the Dispute Resolution Service (DRS).

The SIRA website will also continue to be updated with the latest information relating to COVID-19.

Dispute Resolution Service Medical Assessment update

SIRA’s Dispute Resolution Service's (DRS) priority is to deliver dispute services while protecting the well-being of injured people, stakeholders and decision makers by minimising in-person medical assessments during the COVID-19 pandemic.

To deliver an alternate to in-person medical assessments DRS refers to guidelines:

• 2017 CTP Scheme: Motor Accidents Guidelines, 7.153-7.159
• 1999 CTP Scheme: Medical Assessment Guidelines, 9.10-9.18

The Dispute Resolution Service is taking the following approach for medical assessments during COVID-19:

• Psychiatric assessments scheduled up to Friday 1st May will be deferred unless a Skype examination has already been determined by the DRS as suitable.

• Physical assessments scheduled up to Friday 22nd May will be deferred unless the DRS has already determined that an alternative method of assessment will be used.

• The DRS will seek submissions from parties regarding the suitability of an alternate method to an in-person assessment to resolve the medical dispute.

• Parties should advise the DRS if a matter that cannot be progressed with an alternate approach should continue to be considered for in-person medical assessment due to exceptional circumstances. This may include, but is not limited to:  
  • A decision is required to determine an entitlement to a statutory benefit
  • A decision is required for an urgent claims assessment matter
  • The injured person has a terminal illness
  • The inured person has financial hardship
  • The injured person has travel, residency or visa restrictions
  • A dispute matter is currently in court

• The DRS will instruct parties of the time, date and mode of assessment once determined. Sufficient time is required to determine the mode of assessment, make alternate arrangements, and/or provide notice of cancellation.

• The DRS requires insurers and legal representatives to respond promptly to requests regarding the appropriate mode of assessment.

• For any matters that are cancelled because the assessment can only proceed as an in-person assessment and there are no exceptional circumstances identified, the matter will be placed on a pending medical matters list for allocation as soon as practicable.

The DRS will continue to work with medical assessors regarding conducting in-person assessments and advise when and how such assessments could safely proceed in line with NSW Public Health Orders.

We acknowledge the disruption that this has caused and thank you for your patience and support during this time.

Motor Accidents Compensation Regulation 2020 and Regulatory Impact Statement

SIRA is seeking feedback on the proposed Motor Accidents Compensation Regulation 2020 (the proposed Regulation) and Regulatory Impact Statement (RIS).

The proposed Regulation repeals and remakes the Motor Accidents Compensation Regulation 2015, which is due for automatic repeal on 1 September 2020. The object of the proposed Regulation is to support the operation of the Motor Accidents Compensation Act 1999 and the 1999 CTP insurance scheme.

The proposed Regulation and RIS are available to view on the consultation page of the SIRA website:

• Draft Motor Accidents Compensation Regulation 2020
• Regulatory Impact Statement

We invite comments and submissions on the proposed Regulation and RIS via our consultation page or by email to [email protected].

The closing date for comments and submissions is close of business Monday 11 May 2020.

For further information regarding the proposed Regulation and RIS, or if you require alternative methods to submit these, please email [email protected]

Compulsory Third Party scheme awareness

CTP animation videos are available on SIRA's YouTube channel, a great resource to share with your networks. You can find the entire playlist here.

CTP Assist also share links to the videos to help with information sharing for injured people.

Keep up to date with 2017 Compulsory Third Party scheme data

A reminder that you can access the latest data on the 2017 CTP scheme via our open data tool on the SIRA website. Claims, payment and Green Slip Check usage is refreshed daily and policy and premium information refreshed weekly.

Contact SIRA for support

Our SIRA team is here to support you at this challenging time. You can contact us Monday to Friday between 8:30 am and 5 pm.

CTP Assist

Phone: 1300 656 919

Email: [email protected].

Dispute Resolution Service (DRS)

Phone: 1800 347 788

Email: [email protected]